The Department of State released the latest Visa Bulletin for October 2008 on September 11. The cut-off dates in EB-2 for applicants born in mainland China and India moved backward more than 2 or 3 years. EB-1 remains unchanged. There are visa numbers available in EB-1.
The following are cut-off dates for employment-based immigration petitions. The dates in parentheses are the cut-off dates for September 2008.
For people born in mainland China:
EB-1: Current (Current)
EB-2: April 1, 2004 (August 1, 2006)
EB-3: October 1, 2001 (Unavailable)
For people born in India:
EB-1: Current (Current)
EB-2: April 1, 2003 (August 1, 2006)
EB-3: July 1, 2001 (Unavailable)
For all chargeability areas except China, India, Mexico, and Philippines:
EB-1: Current (Current)
EB-2: Current (Current)
EB-3: January 1, 2005 (Unavailable)
One should definitely take into consideration of the current visa bulletin status when he/she chooses the immigration path. Now, and actually for the most of time, EB-1 doesn’t have retrogression in the visa bulletin and there are visa numbers available for applicants from all chargeability areas. Therefore, for applicants born in mainland China and India, whose visa numbers are not currently available in EB-2, EB-1 represents a significant advantage. There are some misunderstandings about the requirements of EB-1. Many aliens think it require the applicant to have a doctoral degree for EB-1. That is not necessarily true. What matters is the applicant’s qualification, including publications, citations, awards, and so on. We have helped many aliens without a doctoral degree successfully apply green card in EB-1(b).
The progress of the visa bulletin is hard to predict. Sometimes, it moves fast, sometimes it stagnates. The only thing the applicants can do is to put your case in the queue line. When visa numbers become available, those applicants who already have their I-140 petitions submitted can immediately file the I-485 petitions.
Overall, it is always advantageous to file the immigration petition as early as possible, regardless of the status of the visa bulletin. Fortune favors the prepared mind.

In addition, Attorney Jerry Zhang will hold a phone & web seminar at 7pm CST on September 18, 2008. All interested people throughout the US are welcomed. The seminar will cover F-1, H-1B and employment-based immigration. Please RSVP Via Email to our supporting staff, Ms. Ying Zhou, at @hooyou.com">yzhou@hooyou.com, including your name and phone number. A confirmation email will be sent to you thereafter.